Tough, tough day. We're all extremely disappointed about the decision. No sugar coating about it, whatsoever. Our Momentum, if there was any, has stalled.

IMO, Agility had a uphill battle from the start as the Plaintiff, in a David vs. Goliath setting, with serious economic, political and Big Business overtones. Staff lawyers wanted the case thrown out from the beginning, then reiterated their position that there was no infringement. Judge overruled them once, to expect Him to overrule them twice is realistically, a tall order. What's done is done. Expediency ruled the Day speculation.

I expect Agility to Appeal with the next 10 days to the Full Commission. Of note, a poster a few days ago, highlighted a recent Case, which was appealed and reversed in approximately 90 days. Pretty quick turnaround. Again, Agility will have the same issues to contend with, namely the MMP 336 itself, and the SAME business and political elites. I'm not holding my breath for their ultimate success, but nothing ventured nothing gained.

Personally, the NDoC was Always the more important venue for our ultimate success. The Claims Constructions are greatly in our favor to begin with, which will greatly shape the case. A jury trial as well. However, be aware the NDoC is in Silicon Valley, which is very business friendly. I expect the jury to be more sympathetic to a David vs. Goliath argument by our side. Having the name "Patriot" in the name can't hurt.

I fail to see how much overlap exists between Judges Gildea and Grewal. Have not seen how and why, Judge Gildea arrived at his decision. He just said under Section 337 there was no infringement, period. The NDoC Claims Construction have already been decided to our benefit.

There will be a lot of pressure on PTSC/TPL to settle prior to trial. The Plaintiffs (Acer/HTC), perceive they have Big MO from their victory in the ITC, and will press their advantage. Coupled with Lecky's public aversion to trials may persuade PTSC /TPL to cave, resulting in same-old same-old license fee amounts and spotty signings going forward. This will keep the BOD happy and provide salary protection for a few more years to the shareholders detriment.

Shareholders, am sure, prefer "Going for the Gold", convinced "Right" is on our side, Domestic vs Foreign companies involved, and looking for "Finality", one way or the other. Am skeptical, PTSC BOD will take this approach ultimately. Virt